H1B Expired. Extension applied. Can I transfer my VISA?

[bvramesh219]

Hi,
My current H1B has expired on July-31-2013. H1B extension petition has been applied on 24-July-2013 by my current employer. We are waiting for decision from USCIS. At this situation

(1) Can new employer initiate H1B transfer?
(2) Once H1b transfer receipt comes, can my current employer revoke or cancel my current extension?
(3) If my current employer revoke/cancel does it harm to my H1B VISA?
(4) After transfer receipt comes, If the decision is RFE who has to handle it? In the RFE process does any thing todo with my current employer who revokes VISA extension?

Please guide me

Thanks in advance,
Ramesh Babu

[Nattybone]

Hi,
My current H1B has expired on July-31-2013. H1B extension petition has been applied on 24-July-2013 by my current employer. We are waiting for decision from USCIS. At this situation

(1) Can new employer initiate H1B transfer?
(2) Once H1b transfer receipt comes, can my current employer revoke or cancel my current extension?
(3) If my current employer revoke/cancel does it harm to my H1B VISA?
(4) After transfer receipt comes, If the decision is RFE who has to handle it? In the RFE process does any thing todo with my current employer who revokes VISA extension?

Please guide me

Thanks in advance,
Ramesh Babu

Hello, Ramesh.

I feel, you can file for a transfer. But, that transfer would depend upon the success of your extension petition. Let's say your extension gets rejected, then you are Out Of Status and while you can still get the transfer approved but it would be under Consular Processing not within USA.

The employer under whom your visa is, can anytime cancel or revoke the petition. Former employer cannot do much about your H1B visa.

Cancellations / Revocations happen all the time and they do not reflect badly on the candidate.

Hope this helps.

Wishing you luck.

Cheers,

[bvramesh219]

Hello, Ramesh.

I feel, you can file for a transfer. But, that transfer would depend upon the success of your extension petition. Let's say your extension gets rejected, then you are Out Of Status and while you can still get the transfer approved but it would be under Consular Processing not within USA.

The employer under whom your visa is, can anytime cancel or revoke the petition. Former employer cannot do much about your H1B visa.

Cancellations / Revocations happen all the time and they do not reflect badly on the candidate.

Hope this helps.

Wishing you luck.

Cheers,

Hi Natty Bone,
Thanks for your reply. New Employer would like to file Transfer with regular process. As per my understanding once VISA extension applied we can stay 240 days or still VISA extension gets rejected. Now My specific questions are

(1) If VISA transfer is applied and VISA extension gets rejected can we have any provision to stay in USA once VISA transfer acknowledgement received in similar to VISA extension?

Currently I have to serve 2 weeks notice period with my current employer if I resign. I have 3 weeks to join at new Employer. I am more worrying about what can my current employer can do to jeopardize my VISA or to make my VISA out of status which can force me to go back to India. Now my questions are

(2) If I put my resignation and give notice to my current employer before receiving VISA transfer acknowledgement receipt, what all my current employer can do to jeopardize my VISA or to make my VISA out of status which forces me to go back to INDIA immediately? Assume VISA extension decision still pending with USCIS
(3) Does my new employer can do any thing to avoid that if any such situation happens?

Thanks in advance

Regards,
Ramesh Babu

[Nattybone]

Hi Natty Bone,
Thanks for your reply. New Employer would like to file Transfer with regular process. As per my understanding once VISA extension applied we can stay 240 days or still VISA extension gets rejected. Now My specific questions are

(1) If VISA transfer is applied and VISA extension gets rejected can we have any provision to stay in USA once VISA transfer acknowledgement received in similar to VISA extension?

Currently I have to serve 2 weeks notice period with my current employer if I resign. I have 3 weeks to join at new Employer. I am more worrying about what can my current employer can do to jeopardize my VISA or to make my VISA out of status which can force me to go back to India. Now my questions are

(2) If I put my resignation and give notice to my current employer before receiving VISA transfer acknowledgement receipt, what all my current employer can do to jeopardize my VISA or to make my VISA out of status which forces me to go back to INDIA immediately? Assume VISA extension decision still pending with USCIS
(3) Does my new employer can do any thing to avoid that if any such situation happens?

Thanks in advance

Regards,
Ramesh Babu

Hello, Ramesh.

If your visa extension gets rejected, you will receive a notice to leave the country immediately. See, your status was valid till the time mentioned on your I94, so all petitions filed till that time are considered (for you to stay in the country). Since you are already beyond the I94 timeline and the only petition filed within that timeline was the extension, all subsequent petitions shall depend on successful outcome of the extension petition. If the extension petition gets denied, then you have no valid status to seek any adjustment or change of status.

Responding to your second query, as your stay in US now is dependent on the extension filed by current employer, in the event of this employer withdrawing your extension, you are immediately Out of Status.

In your case, for anything to work, your extension has to get approved first.

I hope this helps.

Wishing you luck.

Cheers,

[Surajn]

H1B Expired. Extension applied. Can I transfer my VISA?

Hi Ramesh Babu,

Can you please let me know what happened to your case ? Was your Visa transfer approved and did you got new I-94 ?

Can you please update.

Thanks
Suraj